General terms of sale

1. Purpose and scope

These terms apply to every order for the Event plan placed on Medley by the organiser of an album. The provisions specific to consumers (right of withdrawal, legal guarantee of conformity) apply to a buyer acting as a consumer within the meaning of the French Consumer Code.

They are permanently available on the site and recalled at the time of purchase, before payment. Placing an order constitutes acceptance of the terms in force on the day of the order, which remain applicable to that order even if they change afterwards. They are available in French, English, Spanish, German and Italian; the contract is concluded in the language of the version you read when you place your order.

2. The seller

The Event plan is sold by MAXKEN, a French limited liability company (SARL) with a share capital of €300, registered with the Lille Métropole Trade and Companies Register (RCS) under number 821 612 611.

• Registered office: Bureau 3, 34 place du Général de Gaulle, 59800 Lille, France
• Intra-EU VAT number: FR42821612611
• Telephone: +33 6 51 02 66 69
• Email: max.bryselbout@gmail.com
• Managing director (gérant): Max Bryselbout

All of this information also appears in the legal notice.

3. The Event plan: what you are buying

The Event plan is a digital service, bought once for a given album. Every album starts with a free trial, which is not a sale: every feature is already open on it, up to 20 photos and videos in total, and, if it is still on trial, the album is deleted 30 days after the event date (or after its creation, if the album has no event date or one earlier than its creation), and no later than one year after its creation (section 10 of the terms of use). Compared with the trial, the Event plan gives the album:

• uploads of photos and videos with no limit on their number, up to the album’s storage capacity, that is 100 GB, each file weighing at most 40 MB for a photo and 2 GB for a video;
• its retention for the period described in section 7: the album is no longer deleted at the end of the trial, and everything uploaded to it during the trial, original files included, stays there.

Throughout that period, it also keeps open for the album the features already available on the trial:

• the live slideshow, to project during the event, with, if you wish, approval of guests’ uploads before they are projected;
• audio and video messages in the guest book (up to 2 minutes for an audio message, 1 minute for a video), in addition to written messages;
• in the ZIP archive of the complete album, the original files, as the guests uploaded them.

On screen (gallery, viewer, slideshow), photos and videos are displayed in versions optimised for the web, whatever the plan: the original files are delivered only in the ZIP archive.

Medley is used in a recent web browser, on a phone as on a computer, with no app to install. The purchase applies to a single album: it is not a subscription, it does not renew, and it cannot be transferred to another album or to another account. The plans are set out in detail on the pricing page.

4. Price

The Event plan is sold at the price of 39 € including all taxes per album, a launch price that applies to every order placed up to and including December 31, 2026; from the following day, it is sold at 49 € including all taxes. The VAT included in this price is calculated at the applicable rate, determined from the buyer’s billing address: for a buyer established in France, it is French VAT at the rate of 20%. A business established in another Member State of the European Union that provides a valid intra-EU VAT number is invoiced excluding tax, the VAT being payable by it under the reverse-charge mechanism. The applicable rate does not change the amount paid. It is a single payment, with no subscription or renewal, and with no additional charges. The applicable price is the one displayed on the day of the order: the exact amount to pay is shown before any payment, on the confirmation button.

Promo codes. A valid promo code reduces the price by a percentage, applied and displayed before payment. Only one code applies per order, within its period of validity and its number of uses; it can be neither exchanged nor refunded in cash. A code covering the full price moves the album to the Event plan without payment.

Activation keys. An activation key, issued by MAXKEN, moves an album to the Event plan without payment. It can be used only once, for a single album, within its period of validity, and cannot be exchanged for cash.

A plan obtained without payment, through a code covering the full price or through an activation key, is governed by these terms as to its content, its supply and its duration.

5. Order and payment

The order is placed online, in five steps:

1. from the album or its management page, you choose to upgrade to the Event plan;
2. a screen summarises the album concerned, what the plan adds and the amount including all taxes; there you can enter or correct a promo code, or give up by closing the window;
3. on that same screen, before the payment button, you tick the box by which you request immediate activation of the plan and expressly waive your right of withdrawal (section 8): as long as it is not ticked, payment cannot be started;
4. the payment button, which shows the exact amount, takes you to the secure payment page of our provider;
5. the order is concluded, and the plan activated, once the payment has been confirmed by that provider.

Payment is due on ordering. It is processed on our behalf by Stripe (Stripe Payments Europe, Ltd., Dublin, Ireland), a licensed payment provider, by bank card or by any of the other methods Stripe offers on its payment page. That page also asks for your billing address and, if you are buying for a business, its VAT number, which appear on the invoice. Your card details are entered with Stripe and never pass through our servers. If the payment fails, is cancelled or expires, the order is not concluded and the album keeps its plan; you can start again at any time.

Once the payment is confirmed, a confirmation email is sent to your account’s address: it summarises the album, the plan, the amount, the date and the identity of the seller, recalls, with their date, your request for immediate activation and your waiver of the right of withdrawal, and refers to these terms. It is the confirmation of the order on a durable medium. An invoice, stating the VAT applied or, where relevant, the reverse charge, is also sent to you by email after the payment: Stripe issues it on behalf of MAXKEN, from the details entered on its payment page. Your purchases remain available in your space, under “My purchases” in “My account”.

MAXKEN keeps a record of every confirmed payment (amount, date, album, name and email address of the buyer, date and time of the waiver of the right of withdrawal) for 10 years, as the French Commercial Code requires, including after the deletion of the album or of the account. A copy is given to you on request.

6. Supply

The Event plan is supplied immediately and online: as soon as the payment is confirmed, the features described in section 3 are activated for the album, with no physical delivery and no delay. The service is then supplied continuously for the album’s whole retention period.

7. Duration and retention of the album

An album on the Event plan is kept for 2 years from the day it moves to the Event plan, that is, from the confirmation of the payment, or from activation for a plan obtained without payment. The plan does not renew: there is no tacit renewal, and no subscription to cancel.

At the end of that period, the album may be removed, never without its organiser having been informed beforehand, with a reasonable period to retrieve everything. Medley is not an archiving service: download the complete album after the event and keep your files. Deleting the album, which its organiser can do at any time, ends the plan for that album and gives rise to no refund, without prejudice to the legal guarantee of conformity (section 9).

Albums from the launch phase, created before sales opened and moved to the Event plan without an order, do not fall under these terms: their retention is described in section 10 of the terms of use.

8. Right of withdrawal

If you are a consumer, you in principle have fourteen days from the conclusion of the contract to withdraw from it, without having to give reasons for your decision (article L.221-18 of the French Consumer Code).

The Event plan is, however, activated as soon as the payment is confirmed (section 6). That is why, before paying, you must tick a box by which you request immediate activation of the plan and expressly waive your right of withdrawal: without it, payment cannot be started. By ticking it, you acknowledge that you lose your right of withdrawal as soon as the plan is activated (article L.221-28 of the French Consumer Code): no refund, even partial, is owed on that ground.

Your request and your waiver are recorded with their date and time when you start the payment, kept with the record of the payment (section 5), and recalled in the order confirmation email, which reaches you on a durable medium (article L.221-13 of the French Consumer Code).

An order that does not go through (payment refused, cancelled or expired) commits you to nothing: the contract is not concluded, nothing is charged to you and the album keeps its plan. A plan obtained without payment, through a code covering the full price or through an activation key, involves no payment, and so nothing to refund.

The waiver of the right of withdrawal does not affect the legal guarantee of conformity: if the service does not conform to its description, you keep all the rights described in section 9, refund included.

9. Legal guarantee of conformity

The Event plan benefits from the legal guarantee of conformity for digital content and services (articles L.224-25-12 et seq. of the French Consumer Code). MAXKEN must supply you with a service that conforms to its description (section 3) and is fit for the purposes for which such a service is normally used, including the updates needed to keep it in conformity.

As the service is supplied continuously, MAXKEN is liable for any lack of conformity that appears during the whole period of its supply, and you only have to establish that the defect exists, not when it appeared. You are entitled to have the service brought into conformity without undue delay, free of charge and without major inconvenience to you. If that is refused, impossible, delayed without justification, a source of costs or of major inconvenience, or if the defect persists despite it, you can obtain a price reduction or terminate the contract and be refunded, under the conditions provided by law; you can do so immediately if the defect is serious enough to justify it.

This guarantee applies independently of any other; you also benefit from the warranty against hidden defects (articles 1641 et seq. of the French Civil Code). To invoke it, write to us at max.bryselbout@gmail.com, describing the defect you have found.

10. Liability

The provisions of the terms of use on what Medley promises and on the publisher’s liability apply to the Event plan, to the extent permitted by law. Nothing in these terms limits the rights the law grants to consumers, in particular the legal guarantee of conformity, nor the liability of MAXKEN in cases where the law does not allow it to be excluded.

11. Personal data

The data processed in connection with a purchase (amount, date, status and identifier of the transaction, date and time of your request for immediate activation and of your waiver of the right of withdrawal, as well as the identity of the buyer and the album concerned, kept as an accounting record), like those Stripe collects on its payment page (billing address, a business’s VAT number, payment method details), are described in the privacy policy, which also sets out the safeguards that govern their possible transfer outside the European Union, your rights and how to exercise them.

12. Complaints

For any question or complaint about a purchase, write to us at max.bryselbout@gmail.com, stating the album concerned. We will answer you and look for an amicable solution with you.

13. Governing law and disputes

These terms are governed by French law. This choice does not deprive you, if you are a consumer, of the protection afforded to you by the mandatory provisions of the law of your country of residence. Failing an amicable solution, the dispute is brought before the competent courts; if you are a consumer, you may bring it, at your choice, before one of them or before the court of the place where you were living at the time the contract was concluded or the harmful event occurred (article R.631-3 of the French Consumer Code).